BILL NUMBER: SB 208	CHAPTERED  09/16/99

	CHAPTER   417
	FILED WITH SECRETARY OF STATE   SEPTEMBER 16, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 16, 1999
	PASSED THE SENATE   AUGUST 26, 1999
	PASSED THE ASSEMBLY   AUGUST 23, 1999
	AMENDED IN ASSEMBLY   AUGUST 19, 1999
	AMENDED IN ASSEMBLY   JULY 6, 1999
	AMENDED IN SENATE   MAY 13, 1999
	AMENDED IN SENATE   APRIL 15, 1999
	AMENDED IN SENATE   MARCH 11, 1999

INTRODUCED BY   Senator Polanco
   (Principal coauthor:  Assembly Member Washington)

                        JANUARY 20, 1999

   An act to amend Section 355.1 of the Welfare and Institutions
Code, relating to child abuse, and declaring the urgency thereof, to
take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 208, Polanco.  Child abuse:  dependency proceedings.
   Under existing law, where a court in a dependency hearing finds
that an injury, injuries, or detrimental condition sustained by a
minor is of a nature as would ordinarily not be sustained except as
the result of the unreasonable or neglectful acts or omissions of
either parent, the guardian, or other person who has the care or
custody of the minor, that evidence constitutes a presumption that
the minor may be declared a dependent child of the court, as
specified.  Existing law, known as the Child Abuse and Neglect
Reporting Act, requires a county probation department or welfare
department, among others, to report by telephone and in writing to
the district attorney, and others, every known or suspected instance
of child abuse, as defined, subject to specified exceptions.
   This bill would provide that, where a court in a dependency
hearing finds that either a parent, a guardian, or any other person
who resides with, or has care or custody of a minor who is the
subject of the dependency petition, has been previously convicted of
sexual abuse, as defined, in this or another state; has been found in
a prior dependency hearing, as specified, to have committed an act
of sexual abuse; or is required, as a result of a felony conviction,
to register as a sex offender, that finding shall be prima facie
evidence that the subject minor is a dependent child and is at
substantial risk of abuse or neglect.  The bill would provide that
the prima facie evidence constitutes a presumption affecting the
burden of producing evidence.
   The bill would also provide that, where the dependency court
believes that a child has suffered criminal abuse or neglect, the
court may direct a representative of the child protective agency to
take specified actions pursuant to the Child Abuse and Neglect
Reporting Act.
   The bill would make related legislative findings.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds that children of the State of
California are placed at risk when permitted contact with a parent or
caretaker who has committed a sex crime.  Further, the Legislature
finds that children subject to juvenile court dependency jurisdiction
based on allegations of molestation are in need of protection from
those persons.  Therefore, the purpose of this act is to ensure that
information regarding those acts is appropriately considered by the
juvenile court in determining whether a child is in need of juvenile
court dependency protection.
  SEC. 2.  Section 355.1 of the Welfare and Institutions Code is
amended to read:
   355.1.  (a) Where the court finds, based upon competent
professional evidence, that an injury, injuries, or detrimental
condition sustained by a minor is of a nature as would ordinarily not
be sustained except as the result of the unreasonable or neglectful
acts or omissions of either parent, the guardian, or other person who
has the care or custody of the minor, that finding shall be prima
facie evidence that the minor is a person described by subdivision
(a), (b), or (d) of Section 300.
   (b) Proof that either parent, the guardian, or other person who
has the care or custody of a minor who is the subject of a petition
filed under Section 300 has physically abused, neglected, or cruelly
treated another minor shall be admissible in evidence.
   (c) The presumption created by subdivision (a) constitutes a
presumption affecting the burden of producing evidence.
   (d) Where the court finds that either a parent, a guardian, or any
other person who resides with, or has the care or custody of, a
minor who is currently the subject of the petition filed under
Section 300 (1) has been previously convicted of sexual abuse as
defined in Section 11165.1 of the Penal Code, (2) has been previously
convicted of an act in another state that would constitute sexual
abuse as defined in Section 11165.1 of the Penal Code if committed in
this state, (3) has been found in a prior dependency hearing or
similar proceeding in the corresponding court of another state to
have committed an act of sexual abuse, or (4) is required, as the
result of a felony conviction, to register as a sex offender pursuant
to Section 290 of the Penal Code, that finding shall be prima facie
evidence in any proceeding that the subject minor is a person
described by subdivision (a), (b), (c), or (d) of Section 300 and is
at substantial risk of abuse or neglect.  The prima facie evidence
constitutes a presumption affecting the burden of producing evidence.

   (e) Where the court believes that a child has suffered criminal
abuse or neglect, the court may direct a representative of the child
protective agency to take action pursuant to subdivision (i) of
Section 11166 of the Penal Code.
   (f) Testimony by a parent, guardian, or other person who has the
care or custody of the minor made the subject of a proceeding under
Section 300 shall not be admissible as evidence in any other action
or proceeding.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to provide additional protection to children who are or
may become subject to dependency court jurisdiction based on
allegations of molestation or sexual abuse, it is necessary that this
act take effect immediately.
